tci Medicare Compliance & Reimbursement - 2003 Issue 7

Advisory Opinions: CMS POLICY TRUMPS STRICT ANTI-KICKBACK ANALYSIS

A recent issuance from the HHS Office of Inspector General illustrates that the anti-kickback statute can be so broad that it technically bars certain activities the Centers for Medicare & Medicaid Services actually wants to see happen. In an advisory opinion released Feb. 12 (No. 03-04), the OIG takes the measure of a home health agency’s proposal to provide free medicalalert pagers and service to patients. The pagers would “facilitate a rapid response” when patients have fallen, injured themselves or otherwise need emergency assistance, the watchdog agency explains in the opinion. Thus, it would stave off more...

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